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Supreme Court Rules on ‘Me Too’ Evidence

The U.S. Supreme Court has completed its review of a key Kansas age discrimination case, settling a split between federal courts on the admissibility of “me too” evidence. “Me too” evidence is testimony by non-parties that alleges discrimination at the hands of persons who played no part in the challenged employment decision. In the present […]

Job Descriptions Gone Wrong!

Improper job descriptions can confuse your organization, stifle creativity, and land you in a lawsuit. Here’s what to watch out for. Job descriptions are among the most prosaic tools in the HR toolbox. They’re a basic of every HR program, the blueprint of who does what, when and where, and how it all fits together […]

Hiring Based on Internet Searches: Are You Dodging the Bullet or Becoming the Target?

If you rejected a candidate because of information you found on the Internet, did you dodge the bullet of a bad hire or make yourself the target of a big ticket lawsuit? Here’s one expert’s advice. Doing a Google® search on a job applicant—it’s sooo tempting. Facebook®, MySpace® and a dozen other sites are just […]

Claims Appeal and Review Obligations Relaxed for Plans, Insurers

Plans and insurers will have an easier time complying with health reform’s internal appeals and external review rules, under rules issued today by the U.S. Departments of Labor, Treasury and Health and Human Services. The changes, such as dropping the requirement for plans to display diagnosis and treatment codes on initial and final notifications of […]

Did Misconduct Discovered During FMLA Leave Justify Termination?

By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]

Age Discrimination Lawsuits: Replacing A 40-Year-Old With A 56-Year-Old Co-Worker May Not Be As Risk-Free As It Seems

Most employers wouldn’t think that replacing a terminated worker over age 40 with someone who is much older would run afoul of the age discrimination laws. But a new case shows that even a seemingly uncomplicated termination like this can be seen as part of a pattern of age bias when examined under a magnifying […]

Pregnancy and Discrimination: Are Your Practices Compliant?

Pregnancy and Discrimination: Are Your Practices Compliant? Most employers know that pregnancy and discrimination do not mix. But unfortunately it still occurs too often, though not always intentionally. According the Bureau of Labor Statistics, nearly half of the U.S. workforce is comprised of women, and out of that group, roughly 80 percent are or will […]

Power Corrupts

by Mark I. Schickman At its heart, the Pennsylvania State University (PSU) football scandal is a criminal matter. But it’s also the ultimate example of sexual harassment being permitted to recur openly, continuously, and notoriously in a workplace. It’s a sober reminder of what can happen if any person or group believes they are bigger […]

Military Pay: How to Treat USERRA Pay from a Tax Perspective

I’m concerned about conflicting information we’ve received from the IRS and our legal counsel regarding how the USERRA (Uniformed Services Employment and Reemployment Rights Act) pay differential (pay difference between military pay and the employer’s pay) should be treated from a tax perspective. Do we report these payments on a 1099-MISC or on a W-2?